Terms and Conditions of Sale for Trade Customers

  1. APPLICATION - All quotations and contracts are subject to this and the following conditions. Any qualification or variation in the Customer's order or acceptance shall be excluded unless expressly agreed by TW Plastics (UK) ("the Company") in writing. The acceptance of any deliveries pursuant to any quotation or order shall, in the absence of written acceptance, be deemed an unconditional acceptance by the Customer of these conditions.
  2. LIMITATION OF AUTHORITY - The Company's servants and agents have no authority orally to vary, modify or waive, expressly or by implication, any of these conditions whatsoever or to make any oral representations as to their effect. The Customer in entering into any contract with the Company is deemed to have acknowledged that he has not received and/or relied on (a) any oral representations which might have the effect of overriding the said conditions or (b) any oral advice as to the suitability of the Company's products for any particular situation or purpose.
  3. PAYMENT - All accounts shall be paid without retention within 30 days from month-end following the date of invoice, unless otherwise agreed by the Company in writing. Interest will be added to overdue accounts at the rate of 3% per month or part of a month. New accounts are subject to satisfactory references or pro-forma invoice.
  4. PRICE REVISION - Prices are subject to revision without notice. Notwithstanding quoted prices products will be invoiced at prices ruling at date of despatch.
  5. DELIVERIES - The Company will make every effort to deliver promptly, but no liability is accepted for delay or any consequential loss or damage arising therefrom, nor shall delay entitle the Customer to rescind the contract. No claim for shortage, damage or loss can be considered unless (a) the delivery note is marked "Damaged" or "Discrepant" with short written details signed by the Customer or his agent and (b) the claim is made in writing to the Company within three days of receipt of the products. The Company's liability in the case of damaged, discrepant or defective goods shall be restricted to the supply of new products of the company free of charge and no liability is accepted for any consequential loss whatsoever.
  6. TITLE - All products supplied by the Company remain its property until paid for, and until then may be repossessed by the Company or its agents at any time. Notwithstanding the foregoing, the Customer shall accept liability for loss of or damage to the Company's products howsoever caused (a) where the Company delivers the products then as from their arrival at the point where they are unloaded or (b) where the Customer collects or causes to be collected the products, then as from the time they leave the Company's premises.
  7. FITNESS FOR PURPOSE - Unless otherwise agreed by the Company in writing, the Customer accepts full responsibility for ensuring that any or all of the Company's products sold to him are fit for the purpose for which they are required, and the Customer will indemnify the Company against all claims, costs and expenses of whatsoever nature incurred by the Company through the unfitness of such products as aforesaid. The Company's liability under such agreement or in respect of claims for defect is limited to the supply of new products of the Company free of charge provided that (a) if faults are discernible on inspection, written notice is given to the Company immediately on discovery, but in any case not later than 30 days after delivery of such products or (b) if faults are not discernible on inspection, written notice is given to the Company immediately on discovery of the faults but in any event no later than 90 days after delivery of the products. Save as aforesaid the Company accepts no liability, either by Statute or otherwise, either expressly or by implication, so far as it is lawful in respect of claims alleging defects in the goods supplied. No liability for any consequential loss or damage whatsoever can be accepted by the Company.
  8. SIZES - All sizes and thicknesses quoted for the Company's products are nominal, and are subject to such variation as is normal in the trade.
  9. DELIVERY CHARGES - The cost of carriage is determined by the weight of goods being ordered, and the final delivery address. The carriage charge is shown in the shopping basket when placing an order.
  10. LAWS - The construction, validity and performance of all contracts entered into by the company shall be governed by the Laws of England, the Courts of which shall be the forum for deciding any disputes therefrom.